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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1,601–1,620 · Page 81 of 382
Supreme Court of India26 Apr 2018Full text
2018 INSC 422 · [2018] 5 S.C.R. 628
such subsequent action of the State which led to litigation suffer from a fundamental constitutional flaw – The impugned judgments of the High Court rendered without examining the true scope and scheme of Part IXA of the Constitution and more particularly Art.243Q(2) are per incuriam – Rajasthan Municipalities Ordinanc…
Supreme Court of India26 Apr 2018Full text
2018 INSC 421 · [2018] 3 S.C.R. 961
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1,601–1,620 · Page 81 of 382
Supreme Court of India26 Apr 2018Full text
2018 INSC 422 · [2018] 5 S.C.R. 628
such subsequent action of the State which led to litigation suffer from a fundamental constitutional flaw – The impugned judgments of the High Court rendered without examining the true scope and scheme of Part IXA of the Constitution and more particularly Art.243Q(2) are per incuriam – Rajasthan Municipalities Ordinanc…
Supreme Court of India26 Apr 2018Full text
2018 INSC 421 · [2018] 3 S.C.R. 961
E. C. Agrawala, Shwetan K. Sailakwal, Tanmaya Agarwal, Vibhor Verdhan, Advs. for the Respondent. The following Order of the court was delivered: C O R D E R 1. Leave granted. 2. Heard learned counsel for the parties. D 3. The defendant is in appeal aggrieved by the judgment and decree passed by the trial court, as affi…
Supreme Court of India26 Apr 2018Full text
2018 INSC 420 · [2018] 4 S.C.R. 272
– Thus, Kurk Amins’ status was confirmed by Supreme Court with effect from 1985 as that of the government servant – With effect from 9.11.2000, the erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved out the State of Uttarakhand – Many Kurk Amins including appellants were allocated to the State o…
Supreme Court of India19 Jan 2018Full text
2018 INSC 42 · [2018] 1 S.C.R. 283
- towards funeral expenses. The award of compensation accordingly stands quantified at Rs 8,86,800/-. The appellants are allowed interest @7.5% p.a. from the date of the filing of the petition before the M.A.C.T. till realization. [Para 7][286-D-G] National Insurance Company Limited v. Pranay Sethi E (2017) 13 SCALE 12…
Supreme Court of India26 Apr 2018Full text
2018 INSC 419 · [2018] 4 S.C.R. 751
– On appeal, held: Evidence of witnesses were not consistent – There were lot of improvement in the statement of witnesses – There were contradictory statements as regards the number of accused persons involved – All the witnesses were related – Material D independent witnesses were not examined – Prosecution failed to…
Supreme Court of India26 Apr 2018Full text
2018 INSC 418 · [2018] 2 S.C.R. 1108
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal D No. 1393 of 2013. From the Judgment and Order dated 30.03.2011 of the High Court of Delhi at New Delhi in LPA No. 810 of 2010. WITH Crl. A. Nos. 1377, 1394, 1382, 1383, 1384, 1386-1387, 1385, 1406, 1396, 1395, 1391, 1389, 1388, 1398, 1397, 1390, 1399, 1402, 1400, 1401…
Supreme Court of India25 Apr 2018Full text
2018 INSC 417 · [2018] 3 S.C.R. 940
to him was not established beyond reasonable doubt and, therefore, he is acquitted of charges leveled against him. Disposing of the appeals, the Court HELD: So far as the involvement of appellant Nos.1, 3 and F 4, in commission of offence in question, is concerned, no case for interference is made out on findings of fa…
Supreme Court of India25 Apr 2018Full text
2018 INSC 415 · [2018] 3 S.C.R. 947
Allowing the appeal, the Court HELD: It is not in dispute that the appellants had filed their objections to the proposed acquisition well within the time Gprescribed under Section 15 of the Act. There is non-compliance of Section 15(2) of the Act by the Collector. It is mandatory on the part of the Collector to comply …
Supreme Court of India25 Apr 2018Full text
2018 INSC 414 · [2018] 6 S.C.R. 853
SRI Y.P. SUDHANVA REDDY v. THE CHAIRMAN & MG. DIRECTOR, 855 KARNATAKA MILK FEDERATION merit. In the first place, the documents sought to be filed by the A respondent, namely, notifications issued under the Act were relevant and also necessary for deciding the rights of the parties involved in the suit/appeal. Second, t…
Supreme Court of India25 Apr 2018Full text
2018 INSC 413 · [2018] 2 S.C.R. 1106
Judge Bench dtd. 28th March, 2018 reported in [2018] 2 SCR 1045, and after considering the material on record, no ground to interfere with the order framing charge – Trial Court to proceed with the matter pending before it. Practice and Procedure – Summoning of records by appellate/ D revisional court– Held: Wherever o…
Supreme Court of India24 Apr 2018Full text
2018 INSC 411 · [2018] 5 S.C.R. 731
previous year can be deposited with the Government by the due date of filing the return of income by allowing additional time to the deductors to deposit the TDS so made – Purpose of s.40(a)(ia) is to ensure tax compliance and not to punish the tax payer, thus, it should not be allowed to be converted into an iron rod …
Supreme Court of India24 Apr 2018Full text
2018 INSC 409 · [2018] 3 S.C.R. 951
952 SUPREME COURT REPORTS [2018] 3 S.C.R. A it is a matter of record that the amount of Rs. 57,74,064/- is having received as cash receipt due to the waiver of loan. Therefore, the very first condition of Section 28 (iv) which says any benefit or perquisite arising from the business shall be in the form of benefit or p…
Supreme Court of India24 Apr 2018Full text
2018 INSC 408 · [2018] 3 S.C.R. 935
National Litigation Policy, 2010 – Object of, discussed. Union of India v. Balbir Singh Turn 2017 (14) SCALE 189 – referred to. E Case Law Reference 2017 (14) SCALE 189 referred to Para 4 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4415-16 of 2018. F From the Judgment and Order dated 12.12.2011 in O. A. No. 2002 of…
Supreme Court of India24 Apr 2018Full text
2018 INSC 407 · [2018] 3 S.C.R. 971
Dismissing the petition, the Court HELD: Per Madan B. Lokur, J.: C 1.1 It is not correct on the part of the petitioner to contend that for the purposes of signing the No Confidence Motion, the 13 elected members are not elected members but for the purposes of the composition of the Kshettra Panchayat they are elected m…
Supreme Court of India24 Apr 2018Full text
2018 INSC 406 · [2018] 7 S.C.R. 1067
covered under the said clause in the absence of an express provision of retrospective effect – Finance Act, 1999 – Finance Act, 2000 – Interpretation of Statutes. Interpretation of Statutes – Taxing Statutes – Held: Taxing provisions to be construed strictly so that no person who is otherwise F not liable to pay tax, b…
Supreme Court of India24 Apr 2018Full text
2018 INSC 405 · [2018] 3 S.C.R. 1019
Dismissing the appeal, the Court HELD: The redetermination under Section 28A of the Land Acquisition Act, 1894 is available only in respect of an “Award” E passed by the “court” under Part III of the Act, comprising Sections 18 to 28A (both inclusive). The “court” referred to in Section 28A of the Act is the court as d…
Supreme Court of India24 Apr 2018Full text
2018 INSC 404 · [2018] 4 S.C.R. 316
316 SUPREME COURT[2018]REPORTS4 S.C.R. 316 [2018] 4 S.C.R. A DELHI ADMINISTRATION v. VIDYA GUPTA (Criminal Appeal No. 625 of 2018) B APRIL 24, 2018 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Prevention of Food Adulteration Act, 1954 – s.7 – Sample taken from the Ghee that was stored for the purpose of making jalebis – All…
Supreme Court of India24 Apr 2018Full text
2018 INSC 403 · [2018] 3 S.C.R. 927
WITH C. A. No. 8336 of 2013. G Arijit Prasad, Ms. Gargi Khanna (for Mrs. Anil Katiyar), Advs. for the Appellant. Amar Dave, P. S. Sudheer, Rishi Maheshwari, Ms. Anne Mathew, Ms. Shruti Jose, Advs. for the Respondent. H COMMISSIONER OF INCOME TAX-IV, AHMEDABAD v. 929 SHREE RAMA MULTI TECH LTD. The Judgment of the Court …
Supreme Court of India24 Apr 2018Full text
2018 INSC 402 · [2018] 3 S.C.R. 994
made out a case of molestation stating that it was not stated earlier due to embarrassment – This does not inspire confidence as the FIR was lodged by appellant, five days after the incident, with due deliberation, and why within one week she thought of mentioning about molestation and did not feel embarrassed then – E…
Supreme Court of India24 Apr 2018Full text
2018 INSC 401 · [2018] 5 S.C.R. 619
619 620 SUPREME COURT REPORTS [2018] 5 S.C.R. A evidence led by bank officials show that the price of securities itself were fixed by the bank authorities and as per their directions the respondent had purchased the securities at the market price and the differential amount was directed to be used for taking demand dra…
Also on Law on Tips: Bare Acts · Legal news and analysis
E. C. Agrawala, Shwetan K. Sailakwal, Tanmaya Agarwal, Vibhor Verdhan, Advs. for the Respondent. The following Order of the court was delivered: C O R D E R 1. Leave granted. 2. Heard learned counsel for the parties. D 3. The defendant is in appeal aggrieved by the judgment and decree passed by the trial court, as affi…
Supreme Court of India26 Apr 2018Full text
2018 INSC 420 · [2018] 4 S.C.R. 272
– Thus, Kurk Amins’ status was confirmed by Supreme Court with effect from 1985 as that of the government servant – With effect from 9.11.2000, the erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved out the State of Uttarakhand – Many Kurk Amins including appellants were allocated to the State o…
Supreme Court of India19 Jan 2018Full text
2018 INSC 42 · [2018] 1 S.C.R. 283
- towards funeral expenses. The award of compensation accordingly stands quantified at Rs 8,86,800/-. The appellants are allowed interest @7.5% p.a. from the date of the filing of the petition before the M.A.C.T. till realization. [Para 7][286-D-G] National Insurance Company Limited v. Pranay Sethi E (2017) 13 SCALE 12…
Supreme Court of India26 Apr 2018Full text
2018 INSC 419 · [2018] 4 S.C.R. 751
– On appeal, held: Evidence of witnesses were not consistent – There were lot of improvement in the statement of witnesses – There were contradictory statements as regards the number of accused persons involved – All the witnesses were related – Material D independent witnesses were not examined – Prosecution failed to…
Supreme Court of India26 Apr 2018Full text
2018 INSC 418 · [2018] 2 S.C.R. 1108
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal D No. 1393 of 2013. From the Judgment and Order dated 30.03.2011 of the High Court of Delhi at New Delhi in LPA No. 810 of 2010. WITH Crl. A. Nos. 1377, 1394, 1382, 1383, 1384, 1386-1387, 1385, 1406, 1396, 1395, 1391, 1389, 1388, 1398, 1397, 1390, 1399, 1402, 1400, 1401…
Supreme Court of India25 Apr 2018Full text
2018 INSC 417 · [2018] 3 S.C.R. 940
to him was not established beyond reasonable doubt and, therefore, he is acquitted of charges leveled against him. Disposing of the appeals, the Court HELD: So far as the involvement of appellant Nos.1, 3 and F 4, in commission of offence in question, is concerned, no case for interference is made out on findings of fa…
Supreme Court of India25 Apr 2018Full text
2018 INSC 415 · [2018] 3 S.C.R. 947
Allowing the appeal, the Court HELD: It is not in dispute that the appellants had filed their objections to the proposed acquisition well within the time Gprescribed under Section 15 of the Act. There is non-compliance of Section 15(2) of the Act by the Collector. It is mandatory on the part of the Collector to comply …
Supreme Court of India25 Apr 2018Full text
2018 INSC 414 · [2018] 6 S.C.R. 853
SRI Y.P. SUDHANVA REDDY v. THE CHAIRMAN & MG. DIRECTOR, 855 KARNATAKA MILK FEDERATION merit. In the first place, the documents sought to be filed by the A respondent, namely, notifications issued under the Act were relevant and also necessary for deciding the rights of the parties involved in the suit/appeal. Second, t…
Supreme Court of India25 Apr 2018Full text
2018 INSC 413 · [2018] 2 S.C.R. 1106
Judge Bench dtd. 28th March, 2018 reported in [2018] 2 SCR 1045, and after considering the material on record, no ground to interfere with the order framing charge – Trial Court to proceed with the matter pending before it. Practice and Procedure – Summoning of records by appellate/ D revisional court– Held: Wherever o…
Supreme Court of India24 Apr 2018Full text
2018 INSC 411 · [2018] 5 S.C.R. 731
previous year can be deposited with the Government by the due date of filing the return of income by allowing additional time to the deductors to deposit the TDS so made – Purpose of s.40(a)(ia) is to ensure tax compliance and not to punish the tax payer, thus, it should not be allowed to be converted into an iron rod …
Supreme Court of India24 Apr 2018Full text
2018 INSC 409 · [2018] 3 S.C.R. 951
952 SUPREME COURT REPORTS [2018] 3 S.C.R. A it is a matter of record that the amount of Rs. 57,74,064/- is having received as cash receipt due to the waiver of loan. Therefore, the very first condition of Section 28 (iv) which says any benefit or perquisite arising from the business shall be in the form of benefit or p…
Supreme Court of India24 Apr 2018Full text
2018 INSC 408 · [2018] 3 S.C.R. 935
National Litigation Policy, 2010 – Object of, discussed. Union of India v. Balbir Singh Turn 2017 (14) SCALE 189 – referred to. E Case Law Reference 2017 (14) SCALE 189 referred to Para 4 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4415-16 of 2018. F From the Judgment and Order dated 12.12.2011 in O. A. No. 2002 of…
Supreme Court of India24 Apr 2018Full text
2018 INSC 407 · [2018] 3 S.C.R. 971
Dismissing the petition, the Court HELD: Per Madan B. Lokur, J.: C 1.1 It is not correct on the part of the petitioner to contend that for the purposes of signing the No Confidence Motion, the 13 elected members are not elected members but for the purposes of the composition of the Kshettra Panchayat they are elected m…
Supreme Court of India24 Apr 2018Full text
2018 INSC 406 · [2018] 7 S.C.R. 1067
covered under the said clause in the absence of an express provision of retrospective effect – Finance Act, 1999 – Finance Act, 2000 – Interpretation of Statutes. Interpretation of Statutes – Taxing Statutes – Held: Taxing provisions to be construed strictly so that no person who is otherwise F not liable to pay tax, b…
Supreme Court of India24 Apr 2018Full text
2018 INSC 405 · [2018] 3 S.C.R. 1019
Dismissing the appeal, the Court HELD: The redetermination under Section 28A of the Land Acquisition Act, 1894 is available only in respect of an “Award” E passed by the “court” under Part III of the Act, comprising Sections 18 to 28A (both inclusive). The “court” referred to in Section 28A of the Act is the court as d…
Supreme Court of India24 Apr 2018Full text
2018 INSC 404 · [2018] 4 S.C.R. 316
316 SUPREME COURT[2018]REPORTS4 S.C.R. 316 [2018] 4 S.C.R. A DELHI ADMINISTRATION v. VIDYA GUPTA (Criminal Appeal No. 625 of 2018) B APRIL 24, 2018 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Prevention of Food Adulteration Act, 1954 – s.7 – Sample taken from the Ghee that was stored for the purpose of making jalebis – All…
Supreme Court of India24 Apr 2018Full text
2018 INSC 403 · [2018] 3 S.C.R. 927
WITH C. A. No. 8336 of 2013. G Arijit Prasad, Ms. Gargi Khanna (for Mrs. Anil Katiyar), Advs. for the Appellant. Amar Dave, P. S. Sudheer, Rishi Maheshwari, Ms. Anne Mathew, Ms. Shruti Jose, Advs. for the Respondent. H COMMISSIONER OF INCOME TAX-IV, AHMEDABAD v. 929 SHREE RAMA MULTI TECH LTD. The Judgment of the Court …
Supreme Court of India24 Apr 2018Full text
2018 INSC 402 · [2018] 3 S.C.R. 994
made out a case of molestation stating that it was not stated earlier due to embarrassment – This does not inspire confidence as the FIR was lodged by appellant, five days after the incident, with due deliberation, and why within one week she thought of mentioning about molestation and did not feel embarrassed then – E…
Supreme Court of India24 Apr 2018Full text
2018 INSC 401 · [2018] 5 S.C.R. 619
619 620 SUPREME COURT REPORTS [2018] 5 S.C.R. A evidence led by bank officials show that the price of securities itself were fixed by the bank authorities and as per their directions the respondent had purchased the securities at the market price and the differential amount was directed to be used for taking demand dra…
Also on Law on Tips: Bare Acts · Legal news and analysis